Summary
A 36-year-old engineer was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The denial stemmed from two DUI incidents: an arrest and conviction in January 2008, and a second arrest in September 2017, which resulted in a conviction in June 2019. These events established disqualifying conditions under both guidelines, specifically AG ¶ 22(a), AG ¶ 22(c), AG ¶ 31(a), and AG ¶ 31(b).
While mitigating conditions such as AG ¶ 23(a), AG ¶ 23(b), AG ¶ 23(c), AG ¶ 23(d), AG ¶ 32(a), and AG ¶ 32(d) were considered, they were not sufficient to overcome the concerns. The judge found that the applicant's two DUI convictions raised significant doubts about his reliability and trustworthiness.
Ultimately, the decision to deny the clearance was based on the lack of sufficient evidence demonstrating rehabilitation or changed behavior following the incidents. The applicant's admissions and the presented evidence confirmed the disqualifying conditions, leading to the denial.
Why the Applicant Was Denied
- The applicant had two DUI convictions, raising concerns about reliability and trustworthiness.
- Insufficient evidence of rehabilitation or changed behavior was presented by the applicant.
- The applicant's admissions and the evidence established disqualifying conditions under both guidelines.
Conditions Referenced
- AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol
- AG ¶ 31(a)appliedPattern of Minor Offenses
- AG ¶ 31(b)appliedEvidence of Criminal Conduct
- AG ¶ 23(a)rejectedTime Has Passed or Behavior Was InfrequentInsufficient evidence to establish reform or rehabilitation.
- AG ¶ 23(b)rejectedAcknowledgment of Maladaptive Alcohol UseNo evidence of counseling or treatment after the second DUI conviction.
- AG ¶ 23(c)rejectedParticipation in Counseling or Treatment ProgramNo evidence of treatment or counseling after the most recent DUI conviction.
- AG ¶ 23(d)rejectedSuccessful Completion of Treatment ProgramNo evidence of treatment or counseling after the most recent DUI conviction.
- AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorInsufficient time has passed to determine likelihood of recurrence.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationInsufficient evidence of rehabilitation or compliance with probation terms.
Key Rule Quoted
“"Once a concern arises regarding an applicant’s security clearance eligibility, there is a strong presumption against the grant or maintenance of a security clearance."”
Procedural Posture
- SOR issuedDec 11, 2019
- Answer filedJan 16, 2020
- Hearing heldJun 24, 2020Decision issued on the record without a hearing.
- Decision dateJun 24, 2020
Cite For
- Denial of Security Clearance Based on Multiple DUI Convictions
- Insufficient Evidence of Rehabilitation After Criminal Conduct
- Presumption Against Granting Security Clearance When Concerns Arise